Section 531-A. Testimony by telephone, audio-visual means or other electronic means  


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  • (a) In any proceeding under this  article,  the  court
      may  permit  a  party  or  a  witness  to  be  deposed  or to testify by
      telephone, audio-visual means, or other electronic means at a designated
      family court or other location:
        (i) where such party or witness resides in a county other than that of
      the family court where the case is pending and that  of  any  contiguous
      county;  provided,  however,  that for the purposes of this section, the
      five counties of New York city shall be treated as one county;
        (ii) where such party or witness is presently incarcerated and will be
      incarcerated on the date on which the hearing or deposition is scheduled
      and is not expected to be released within a reasonable  period  of  time
      after the date on which the hearing is scheduled; or
        (iii)  where  the  court determines that it would be an undue hardship
      for such party or witness to testify or to  be  deposed  at  the  family
      court where the case is pending.
        (b)  Any such deposition or testimony taken by telephone, audio-visual
      means or other electronic means in accordance with  subdivision  (a)  of
      this  section shall be recorded and preserved for transcription. Where a
      party or witness is deposed or testifies by telephone,  audio-visual  or
      other  electronic  means  pursuant to this section, documentary evidence
      referred to by a party or witness or the court  may  be  transmitted  by
      facsimile, telecopier, or other electronic means and may not be excluded
      from  evidence  by  reason  of  an  objection  based  on  the  means  of
      transmission. The chief administrator of  the  courts  shall  promulgate
      rules  to  facilitate the taking of testimony by telephone, audio-visual
      means or other electronic means.